No. 19-7093

Oscar Ibarra v. Nick Ludwick, Warden

Lower Court: Eighth Circuit
Docketed: 2019-12-31
Status: Denied
Type: IFP
Response WaivedIFP
Tags: conflict-of-interest criminal-procedure indigent-defendant ineffective-assistance murder right-to-counsel sixth-amendment
Key Terms:
HabeasCorpus JusticiabilityDoctri
Latest Conference: 2020-02-21
Question Presented (AI Summary)

Does the Sixth Amendment permit an office to represent an indigent defendant in a First Degree Murder case if the office previously represented both an essential State witness and the murder victim?

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW I. Does the Sixth Amendment permit an office to represent an indigent defendant in a First Degree Murder case if the office previously represented both an essential State witness and the murder victim? II. Can the defendant voluntarily and intelligently waive his right to unconflicted counsel under the Sixth Amendment if he is not advised of the previous representation of the murder victim? III. Can the defendant voluntarily and intelligently waive his right to unconflicted counsel under the Sixth Amendment if his only advise is from conflicted court-appointed counsel? IV. Is the defendant constitutionally entitled to independent counsel to advise him as to a conflict of interest concerning court-appointed counsel under the Sixth Amendment? V. When there is nonverbal communication by a trial spectator toward a juror, causing jurors to fear for their safety, does this require individual voir dire of the jury pursuant to Remmer v. U.S., 347 U.S. 227 (1954)?

Docket Entries

2020-02-24
Petition DENIED.
2020-01-16
DISTRIBUTED for Conference of 2/21/2020.
2020-01-06
Waiver of right of respondent Nick Ludwick, Warden to respond filed.
2019-12-20
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 30, 2020)

Attorneys

Nick Ludwick, Warden
Kevin CmelikIowa Department of Justice, Respondent
Kevin CmelikIowa Department of Justice, Respondent
Oscar Ibarra
Alfredo G. ParrishParrish Kruidenier Dunn Boles Gribble Gentry Brown & Bergmann L.L.P., Petitioner
Alfredo G. ParrishParrish Kruidenier Dunn Boles Gribble Gentry Brown & Bergmann L.L.P., Petitioner